Celesq® Attorneys Ed Center
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Programs in Negligence, Malpractice & Personal Injury

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Handling Death Cases in New York (05/14/2021)

Program Number: 3166 Presenter: Andrea Alonso, Esq.

To recover damages for a person’s death in New York State, there are two distinct causes of action: survivorship and wrongful death. While the survivorship cause of action belongs to the estate for the decedent’s pain and suffering prior to death, the wrongful death cause of action compensates those statutory distributees who have suffered pecuniary loss as a result of the decedent's death. Consequently, there may be more than one plaintiff in a death case as well as separate statutes of limitations for each cause of action. Due to these distinctions, an attorney must assess each action independently of the other. Join us to learn the distinction between survivorship and wrongful death.

$95.00Audio Tape Add to Cart

Defamation in the Time of COVID-19 (02/02/2021)

Program Number: 3130 Presenter: Karen D. Fultz-Robinson, Esq., Johanna Sheehe, Esq.

As COVID-19 continues to threaten public health, worldwide, and serves as a major concern for individuals, questions surrounding the health of those interacting with the public, on a daily basis, are at the forefront of our discourse. This begs the question: Is a statement falsely advising that a person has contracted COVID-19 defamatory? This program will examine the elements required to maintain a claim for defamation in the context of COVID-19. The discussion will examine the challenges of proving whether a person has been defamed, examine the history of the loathsome disease category of defamation per se and its applicability to COVID-19 and damages associated with a statement regarding a person contracting COVID-19. Participants will gain an understanding of the legal elements required to prove a claim for defamation as well as the hurdles to prevail on such a claim as it relates to the pandemic.

$95.00Audio Tape Add to Cart

Countering Crime Insurers’ “Direct Loss” Defenses against Coverage for Cyber Scams (01/06/2021)

Program Number: 3111 Presenter: Joshua Gold, Esq.

Among the various arguments insurance companies have deployed to attempt to deny “Computer Fraud” coverage under crime policies, three have been focal points in multiple court contests. All three are variants on the theme that the crime in question was not “brute force” hacking per se – direct invasion of a computer – but scams that in one way or another induced action from individuals acting on behalf of the targeted organization. Participants in this session will learn the nuances of these defenses against coverage, the grounds on which state and federal courts have rejected them, and the terms in which to credibly resist coverage denials under crime policies when their organizations are the victims of cyber scams.

$95.00Audio Tape Add to Cart

Diversity and Inclusion in the Legal Profession: A Business and Moral Imperative (04/15/2021)

Program Number: 31102 Presenter: Dr. Sharon Meit Abrahams, Joel Stern, Esq.

Hear from Joel Stern, the retired CEO of National Association of Minority and Women Owned Law Firms (NAMWOLF). NAMWOLF’s mission is to “promote diversity in the legal profession by fostering successful relationships among preeminent minority and women owned law firms and private/public entities”. Mr. Stern will share his insights on diversity and inclusion best practices, the impact of unconscious bias on moving the needle, and what in-house legal departments can do to solve versus admiring the challenges we have in the legal profession.

$95.00Audio Tape Add to Cart

Handling Death Cases in New York (12/04/2020)

Program Number: 30290 Presenter: Andrea Alonso, Esq.

There are two separate and distinct causes of action in death cases: survivorship cause of action and wrongful death. ● Survivorship cause of action belongs to the estate for decedent’s pain and suffering prior to death. ● Wrongful death cause of action belongs to distributees who have suffered pecuniary loss by reason of death. In any death case, there will be a unified trial. The Burden of proof is still the plaintiff’s, but not as high a burden as in death cases. For wrongful death damages, decedent’s estate is entitled to collect interest at the rate of 9% from date of death to date of judgment, governed by Section 5-4.2 of the Estates, Powers and Trusts Law (hereinafter the EPTL). Join Andrea Alonso as she helps attorneys to familiarize themselves with the two distinct causes of action and what is and is not recoverable under each.

$95.00Audio Tape Add to Cart

Medical Malpractice Update in Pennsylvania 2020 (12/17/2020)

Program Number: 30288 Presenter: Clifford A. Rieders, Esq.

This highly regarded program given by Cliff Rieders over more than 20 years has not yet been done in Pennsylvania for 2020. The Annual Update of Medical Malpractice covers the leading cases not only in the last year, but also draws, typically, from the prior year or two of experience. Appellate court cases are naturally not decided in a vacuum and rely upon other recent decisions. The program is a fast-paced, concentrated, detailed review of the case law, simplified and accompanied by Rieders’ uniquely valuable PowerPoint. Unique to Cliff Rieders’ approach is the inclusion of significant Court of Common Pleas decisions and a discussion of trending topics.

$95.00Audio Tape Add to Cart

Ethically Dealing with Substance Abuse and Addiction in the Legal Profession (12/15/2020)

Program Number: 30276 Presenter: Joan Bibelhausen, JD

Studies show that lawyers are at greater risk for alcohol and other substance use disorders, depression, other mental illness, and stress than members of other professions or the general population. This stress has been exacerbated in 2020 as lawyers are on the front lines in our nation’s crises and major events. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for addiction and mental illness. By understanding lawyer stress, this continuum, and the facts about addiction and mental illness, lawyers can reduce their risk, encounter fewer ethical challenges, and, hopefully, get help earlier when there is a problem. Signs, symptoms, risk factors and recovery regarding these problems will be presented. The discussion will include competence (1.1), diligence (1.3), communication (1.4) and other ethical considerations and the program will offer timely tools to reduce risk as well as information on lawyer assistance programs and other resources.

$95.00Audio Tape Add to Cart

Navigating the Ethical Minefield of the New Normal Due to COVID-19: Legal Malpractice Issues Emerging from the Pandemic (10/20/2020)

Program Number: 30239 Presenter: Diana C. Manning, Esq.

COVID-19 has had a profound impact on the legal profession and forced attorneys to adapt to changing conditions like never before. As lawyers adjust to practicing law in the new reality, they must remain vigilant of the need to abide by ethical rules. This program will discuss common ethical issues emerging from the pandemic and how to avoid them while staying safe. Learning objectives and topics include: Keeping up with continuing advancements in technology; the ongoing duty to communicate with clients; maintaining civility with adversaries; the importance of remaining cognizant of deadlines; and maintaining confidentiality in a virtual environment. This program will cover ABA Model Rules of Professional Conduct 1.1 (competence), 1.3 (diligence), 3.2 (courtesy and respect), 5.1 and 5.3 (monitoring for data breach).

$95.00Audio CD Add to Cart

Practitioners Take Note: Don't Get Bitten by the Federal Tort Claims Act (10/15/2020)

Program Number: 30221 Presenter: Clifford A. Rieders, Esq.

The Federal Tort Claims Act is the way that the federal government is sued for negligence. There are many exceptions to the Act and a complex framework with respect to when an entity and its employees are deemed to be covered by the F.T.C.A. The law has also evolved dramatically as to when certain organizations, especially medical health care entities, receive protection under the Federal Tort Claims Act. Contributory negligence is different than most state law. Parts of the FTCA borrow state law, and for some issues “federal law” governs. The SOL, particularly in minor’s tolling, is unique. Who gets sued, who gets served and exhaustion cannot be ignored? This seminar will deal with the major issues concerning the Federal Tort Claims Act, including how one deals with it and how one can be bitten by the Act.

$95.00Audio CD Add to Cart

Defending Sexual Abuse Claims in the MeToo Era (09/02/2020)

Program Number: 30189 Presenter: Alicia R. Kennon, Esq.

This program will provide attendees with a foundational understanding of the different types of sexual abuse/misconduct claims that can arise and some specific strategies that can assist in defending such claims. This is more than just a discussion of sexual harassment claims. It is designed to provide specific guidance and strategies that can be employed by attorneys and their clients today to defend current and future claims. Attorneys will get a broad level overview of the claims that can be alleged; the statutes of limitations for said claims; and some practical tools for prevention and defense of such claims.

$95.00Audio Tape Add to Cart

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